Forced Labour
Prohibition on Forced and Compulsory Labour
The Constitution states that no person will be held in slavery or servitude; that slavery and the slave trade are prohibited; that no person will be subject to forced or tied labour that amounts to servitude.
The Employment Amendment Act of 2021 prohibits forced or tenancy labour. Under the Employment Act, “forced labour” means any work or service that is exacted from any person under the threat of any penalty and is not offered voluntarily. Furthermore, no person will be required to perform forced labour, and any person who exacts or imposes forced or tenancy labour or causes or permits forced or tenancy labour is guilty of an offence and liable to a fine of MK 5 million and imprisonment for five years.
Under the Penal Code, any person who unlawfully compels any person to labour against the will of that person will be guilty of a misdemeanour (a minor offence).
Child Care, protection and Justice Act, 2010 stipulates that any person involved in recruitment, transaction or transfer a child for the purpose of exploitation is engaged in child trafficking. The act of child trafficking is punishable with life imprisonment. This Act prohibits forced labour and subjecting a child to immoral practices. Pledging a child as security (on loans) is forbidden by the law.
A person involved in child trafficking is liable to imprisonment of 21 years without an option of paying any fine. A person involved in trafficking of another person, commits an offence and is liable for punishment of 14 years without the option of paying any fine against punishment.
Source: §27 of the Constitution of Malawi 1994; §3-4 of the Employment Act (No. 6 of 2000), last amended in 2021; §269 of the Penal Code1930, last amended in 2023; §14 & 15 of the Trafficking in Persons Act 2015, last amended in 2021
Freedom to Change Jobs and Right to Quit
As mentioned above, the law of Malawi prohibits the use of forced or compulsory labour and guarantees the right to work. A worker has the right to terminate his/her employment relationship after serving due notice.
The minimum period of notice in respect of a contract of employment for a specified period of time is fourteen calendar days. For more details on this, please refer to the section on employment security.
Source: §27-30 of the Constitution of Malawi 1994; §29 of the Employment Act (No. 6 of 2000), last amended in 2021
Inhumane Working Conditions
The normal working hours are 48 hours per week. The Employment Act sets the premium pay for overtime hours; however, it does not set the overtime hour limits.
For more information, please refer to the section on Compensation.
Source: §36 & 39 of the Employment Act (No. 6 of 2000), last amended in 2021
Regulations on Forced Labour
- Constitution of Malawi 1994
- Employment Act (No. 6 of 2000), last amended in 2010
- Trafficking in Persons Act, 2015
- Penal Code
